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Home My WebLink AboutPM 2004-12 - Agreement/Covenant - 6/8/2005 x f WHEN RECORDED MAIL TO: cc City Clerk 05(3311005,10050»305 LL City of Fresno Z 2600 Fresno Street O (Fresno, CA 93721-3603 W CO NO FEE—Government Code 6103 4 W J CITY OF FRESNO Planning and Development Department STATEMENT OF COVENANTS RESTRICTING DEVELOPMENT OF NONCONFORMING LOTS c STATEMENT OF COVENANTS RESTRICTING DEVELOPMENT OF NONCONFORMING LOTS March 23, 2005 Page 1 of 4 RECITALS WHEREAS, Helen Storelli, a single woman, Helen Storelli Hall, a widow, and Storelli Land Company, LLC, a limited liability company, hereinafter referred to as the "Covenantor," is the owner of the real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Parcel A of Parcel Map No. 77-82, according to the map thereof recorded in book 28, page 62 of parcel maps, Fresno County Records. Excepting therefrom that portion of said parcel as conveyed to the State of California acting by and through the Department of Transportation in that final order of condemnation recorded April 6, 1983, as instrument no. 83-29203, official records. WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument and that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and, WHEREAS, on April 30, 2004, the Covenantor applied to the City of Fresno ("City")for a Tentative Parcel Map No. 2004-12 to divide the Subject Property into two parcels; and, WHEREAS, on December 10, 2004, the Covenantor's application for Tentative Parcel Map No. 2004-12 to subdivide the Subject Property into two parcels which conformed to the general and specific plans, was approved; and, WHEREAS, approval of Tentative Parcel Map No. 2004-12 will create one parcel (Proposed Parcel A )that, if developed, does not conform to the planned land use designation of medium high residential land uses in the general and specific plans; and, WHEREAS, the Subdivision Map Act in Sections 66473.5 and 66474 require that approval of a tentative parcel map shall be denied if it is inconsistent with the applicable general and specific plan; and, WHEREAS, it has been recognized in California case law (see Ayres v. City Council of Los Angeles, 34 Cal. 2d (1949))that inherent in the power to disapprove a map is the power to approve with conditions, so long as such conditions are reasonable consequences of the local governmental body's factual findings; and, WHEREAS, the City finds it necessary to condition approval of Tentative Parcel Map No. 2004-12 to ensure that the Subject Property is not developed out of compliance with general or specific plans. STATEMENT OF COVENANTS RESTRICTING DEVELOPMENT OF NONCONFORMING LOTS March 23, 2005 Page 2 of 4 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for Tentative Parcel Map No. 2004-12, the Covenantor hereby covenants that the proposed lot shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, and desirability of the Subject Property, the surrounding property, and the public at large and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Statement will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 1. Covenantor hereby covenants as follows: That Parcel A shall not be developed until Parcel A has been made conforming to all applicable Zoning and/or Building Ordinance and/or General, Community, or Specific Plan requirements prior to the time the first entitlement, grant or approval is issued by the City for the development of the lot. Such entitlement, grant or approval, shall include, by not be limited to, a building permit, a grading permit, a demolition permit, a conditional use permit, a site plan, or a variance. 2. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of Parcel A who directly or who through any agent violate terms hereof. All obligation of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of such obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include Parcel A. In addition to any other remedy provided in law or at equity, the City may enter upon Parcel A and remove any structures or improvements erected, installed, or maintained in violation of the terms of this Covenant and the City may recover all of its actual and administrative costs or removal through any legal or equitable means, including the imposition of a lien on the Subject Property. The City may recover reasonable attorney fees in any administrative,judicial or special proceeding to enforce this Covenant. c STATEMENT OF COVENANTS RESTRICTING DEVELOPMENT OF NONCONFORMING LOTS March 23, 2005 Page 3 of 4 3. The foregoing conditions and obligations shall remain in full force and effect until such time as the Planning and Development Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 4. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or unenforceability of any other provision hereof. Whenever the context so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. "TATEMENT OF COVENANTS RESTRICTING DEVELOPMENT OF NONCONFORMING LOTS March 23, 2005 Page 4 of 4 DATED: MAY' CITY OF FRESNO COVENANTORS a Municipal Corporation Helen Storelli By: A&vm�l N-R5k ovino, Director i Plan i g and Development Department Helen Stor Ili Helen Storelli Hall APP OV D AS TO FORM: Helen Store i Hall By, Storelli Land Company, LLC, A California HILDA CANTO-MONTOY Limited Liability Company City Attorney 114— - B 7 John S orelli (Attach Notary Acknowledgment) i STATE OF Ca n'a L� COUNTY O 7( ON A ril`�8g005,before me, , 1 l S ,a Notary Public in and for said State,personally appeared John Storelli ,personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WI S my hand and official se . /-� r ADREANA DAVIS 485340 o Public in and for said Countyd State COmm•�1.WO N � xoT�CCcwFo.��wu N My Comm.E%0E=APR1Lzo,M STATE OF California ) COUNTY OF Fresno ) ON April 15,2005,before me, Darryl Evans ,a Notary Public in and for said State,personally appeared Helen Storelli Hall ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. 9:15-1 Notary Public V and for said County and State DARRYL EVANS; OJCOMM. COMA#1479472 OTARY MUC-CiU.IFORMk FRESNO COUNTY EXP.MARCH 30,2008-4 STATE OF California ) COUNTY OF Fresno ) ON April 15,2005,before me, Darryl Evans ,a Notary Public in and for said State,personally appeared Helen Storelli ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. No Public in and for said County and State DARRYL EV�ANS�; QNOTARY PUBLIC-CALWMIAO FRESKO COUNTY () t-4pCOMM.EXP.MARCH 30.2= r CLERK'S CERTIFICATION STATE OF CALIFORNL4 ) COUNTY OF FRESNO ) CITY OF FRESNO ) On May 10, 2005, before me, Erika Leyva, Deputy City Clerk, personally appeared Nick P. Yovino,Director Planning and Development Department,known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument(s)the person(s), or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. X44SCH._ CITY CLERI( By Depu _